IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
D Ramesh, J
BAYANABOINA SURESH – Appellant
Versus
The State of Andhra Pradesh – Respondent
WRIT PETITION NO: 32922/2023
| Table of Content |
|---|
| 1. petitioners seek employment under a displacement quota for families affected by the spvbr project. (Para 1 , 2 , 3 , 4) |
| 2. g.o.ms.no.98 provides a 50% employment quota, and the one-year application deadline was relaxed by a 1987 memo. (Para 5 , 6) |
| 3. the state argues that the claim is barred by limitation due to delayed application. (Para 7) |
| 4. the court rejects the limitation argument based on the relaxing memo and directs the respondents to consider the petitioners' cases. (Para 8 , 9 , 10) |
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Orders or Directions more particularly one in nature of Writ of Mandamus, declaring the action of the respondents in not providing appointment/employment to the petitioner under the displacement quota per G.O.Ms.No.98, I and (PW) as Department, dated 15.04.1986 despite the applications submitted despite the lands acquired and award passed year of 1984-1989 by the project authorities as illegal, arbitrary, unconstitutional contrary to the orders passed in WP No. 2436/2011 dated 08.02.2011 (Division Bench) as confirmed by the Hon’ble Supreme Court in SLP No. 14305/2011 dated 04.07.2011, apart from violative of article 14, 16, and 21 of the Constitution of India and consequently direct the respondents to provide the employment to the petitioner in accordance with the G.O.Ms.No.98, I and (PW) Department, dated 15.04.1986 and pass
IA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased For the reasons stated in the accompanying affidavit this HonTole Court may be pleased to direct the respondents to consider the case of the petitioners for employment under the displacement quota as per G.O.Ms.No.98, I86{PW) Department, dated 15.04.1986 as done in the similar situated persons pending disposal of the above Writ petition and in the interest of petitioners and pass such
Counsel for the Petitioner(S):
1. CHUKKA KRANTHI KIRAN
Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR SERVICES III
ORDER:
1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“…to issue a Writ, Order or Orders or Directions more particularly one in nature of Writ of Mandamus, declaring the action of the respondents in not providing appointment/employment to the petitioner under the displacement quota per G.O.Ms.No.98, I and (PW) as Department, dated 15.04.1986 despite the applications submitted despite the lands acquired and award passed year of 1984-1989 by the project authorities as illegal, arbitrary, unconstitutional contrary to the orders passed in WP No. 2436/2011 dated 08.02.2011 (Division Bench) as confirmed by the Hon’ble Supreme Court in SLP No. 14305/2011 dated 04.07.2011, apart from violative of article 14, 16, and 21 of the Constitution of India and consequently direct the respondents to provide the employment to the petitioner in accordance with the G.O.Ms.No.98, I and (PW) Department, dated 15.04.1986 and pass…”
2. Heard Sri N.Subba Rao, learned counsel for the petitioners as well as Sri K.Bheema Rao, learned GP for Services-III.
3. All the petitioners are family members of the displaced persons under Sri Pothuluri Veera Brahmendra Reservoir in short called as SPVBR. It is their submission that their lands were acquired by the competent authority for the purpose of construction of the said SPVBR. The Government formulated a scheme by issuing G.O.Ms.No.98, Irrigation (PROJ.WING) Department, dated 15.04.1986 in order to provide rehabilitation to the members of the displaced persons or their dependents, whose lands were acquired for the purpose of irrigation projects. The petitioners would contend that they are all members of the displaced family, since
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